California mandates workplace violence prevention plans for all employers
On September 30, 2023, Governor Newsom signed Senate Bill (SB) 553, which will require employers to establish, implement, and maintain an effective workplace violence prevention plan (WVPP).
The WVPP will require the maintenance of a violent incident log, training on workplace violence hazards, and periodic reviews of the plan. Some controversial provisions from earlier versions of the bill—including those that would prohibit retailers from “confronting” suspected shoplifters except through “dedicated safety personnel”—were deleted.
The following types of entities are exempted from the WVPP requirement:
- Healthcare facilities (already covered by Cal/OSHA’s Violence Prevention in Health Care standard)
- Facilities operated by the Department of Corrections and Rehabilitation
- Employers that law enforcement agencies, including being in compliance with the Commission on Peace Officer Standards and Training Programs
- Employees who are teleworking
- Places of employment where there are fewer than 10 employees working at the place at any given time, that are not accessible to the public and are in compliance with the requirement to develop and maintain an Injury Illness Prevention Plan (IIPP).
Under the bill, a collective bargaining representative of an employee who has suffered unlawful violence from any individual may seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee.
Many of the bill’s requirements (including the development of the WVPP) take effect on July 1, 2024, and will be enforced by the Division of Occupational Safety and Health (Cal/OSHA).
SB 553 also requires Cal/OSHA by December 1, 2025, to propose standards for the WVPP, and by December 31, 2026, for the Standards Board to adopt such standards.
If you have questions about SB 553, or related issues, contact a Jackson Lewis attorney to discuss.
DISCLAIMERS
JACKSON LEWIS P.C. (“FIRM”) PROVIDES THE INFORMATIONIN THIS POST FOR GENERAL INFORMATIONAL PURPOSES ONLY. THIS POST SHOULD NOT BE RELIED UPON OR REGARDED AS, LEGAL ADVICE. NO ONE ACCESSING OR REVIEWING THIS POST, WHETHER OR NOT A CURRENT CLIENT OF THE FIRM, SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OFSUCH CONTENT OR INFORMATION, WITHOUT FIRST CONSULTING WITH AND ENGAGING A QUALIFIED, LICENSED ATTORNEY, AUTHORIZED TO PRACTICE LAW IN SUCH PERSON’S PARTICULAR STATE, CONCERNING THE PARTICULAR FACTS AND CIRCUMSTANCES OF THE MATTER AT ISSUE. THE POST MAY NOT REFLECT CURRENT LEGAL DEVELOPMENTS, OR LAWS OR RULES THAT MAY APPLY IN PARTICULAR JURISDICTIONS. THE FIRM AND ITS LAWYERS EXPRESSLY DISCLAIM ALL LIABILITY IN CONNECTION WITH ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL OF THE CONTENTS OR INFORMATION ACCESSIBLE THROUGH THIS SITE. ANY INFORMATION ABOUT PRIOR RESULTS ATTAINED BY THE FIRM OR ITS LAWYERS IS NOT A GUARANTEE OR WARRANTY THAT A SIMILAR OUTCOME WILL BE ACHIEVED.
THE FIRM IS NOT RESPONSIBLE FOR THE CONTENT, OPERATION, LINKS OR TRANSMISSIONS, OR ANY INFORMATION PROVIDED ON ANY OTHER PART OF BLR®, A DIVISION OF SIMPLIFY COMPLIANCE LLC’S WEBSITE OR ANY THIRD-PARTY WEBSITE WHICH MAY BE ACCESSED BY A LINK FROM THIS WEBSITE.
NOTHING PROVIDED BY THE FIRM IS INTENDED TO FORM, AND WILL NOT CREATE, AN ATTORNEY-CLIENT RELATIONSHIP.
THIS POST MAY BE CONSIDERED ATTORNEY ADVERTISING UNDER THE RULES OF SOME STATES. THE HIRING OF AN ATTORNEY IS AN IMPORTANT DECISION THAT SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.
STATEMENT IN COMPLIANCE WITH TEXAS RULES OF PROFESSIONAL CONDUCT:UNLESS OTHERWISE INDICATED IN INDIVIDUAL ATTORNEY BIOGRAPHIES, LAWYERS RESIDENT IN THE FIRM’S VARIOUS OFFICES ARE NOT CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION.
